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(영문) 대법원 2015. 02. 12. 선고 2014두44137 판결

(심리불속행)고등학교 재학중 자경은 8년 자경 기간에 포함하지 아니함[국승]

Case Number of the immediately preceding lawsuit

Seoul High Court 2014Nu53058 ( October 15, 2014)

Case Number of the previous trial

The early appellate court 2013 middle 0967

Title

(C) A person who is enrolled in a high school shall not be included in the period of eight (8) years.

Summary

In light of the fact that the absolute time for the Plaintiff to input the instant land into the cultivation of the instant land due to the time and study sent from the school (the original instance) summary, etc., it is difficult to view that the Plaintiff was engaged in the instant land cultivation on a regular basis or appropriated 1/2 or more of the farming work directly with its own labor.

Related statutes

Article 69 of the Restriction of Special Taxation Act

Cases

2014Du44137 Revocation of Disposition of Imposing capital gains tax

Plaintiff-Appellant

○ Kim

Defendant-Appellee

○ Head of tax office

Judgment of the lower court

Seoul High Court Decision 2014Nu53058 Decided October 15, 2014

Imposition of Judgment

February 12, 2015

Text

The appeal is dismissed.

The costs of appeal are assessed against the Plaintiff.

Reasons

All of the records of this case and the judgment of the court below and the grounds of appeal were examined, but it is clear that the assertion on the grounds of appeal by the appellant falls under Article 4 of the Act on Special Cases Concerning the Procedure for Appeal and therefore, the appeal is dismissed under Article 5 of the Act. It is so decided as per Disposition